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Show /' EPA Docket No. CERCLA-VIII-93-10 12 claim of privilege through negotiations 6r law or the by 55. Federal Rules Respondents may of Civil assert a otherwise provided as Procedure. business confidentiality claim pursuant to 40 C.F.R. § 2203(b) with respect to part or all of any information they submit to EPA pursuant to the terms of this Order, provided such claim is allowed by Section 104(e) (7) of All claims will be reviewed and CERCLA, 42 U. S. C. § 9604 (e) ('7). allowed or disallowed pursuant to 40 C.F.R. Park 2, Subpart B. by a business confidentiality permitted by and by means of the procedures set forth at 40 C.F.R. Part 2, Subpart B. If no such claim accompanies the information when it is received by El?A, EPA may make it available to the public without further notice to Respondents. EPA shall only disclose information covered claim to the extent ' 56. Respondents shall preserve during the pendency of this Order and for a minimum of six (6) years after termination of this Order, all records and documents in their possession or in the possessions of their divisions, employees, agents, contractors, or attorneys which relate in any way to this Order Work performed hereunder, notwithstanding any document At the end of this six year retention policy to the contrary. or period, Respondents shall make such records available inspection or shall provide the original or copies of documents EPA. to If EPA requests that some or all to 57. oral No advice, MODIFICATIONS guidance, TO for documents preserved beyond this six year period, Respondents shall comply with EPA's request or' provide to EPA the original legible copies of' the retained documents. XIII. EPA such be either or ORDER suggestions, assurances, or its authorized representatives shall modify by the terms or conditions of this' Order or relieve Respondents of ,their obligations under this Order.' EPA'or comments 'Respondents deviate from the approved Work shall submit a written request to Plan modification and the If EPA approves the Work Plan modification in basis therefor. writing, such modification shall be deemed incorporated into this Order. Deviation from the Work Plan without ,EPA's prior approval is a violation of this Order. 58. If seek to Respondents Project Manager EPA outlining the proposed Work Plan, XIV. EFFECTIVE DATE AND CONFERENCE OPPORTUNITY This Order shall be effective twenty-one (21) days from 59. the Date of Issuance. Each Respondent shall, within sven (7) days from the Date of Issuance, notify EPA, in writing, of its intent .to comply with this Order or to request the opportunity to If either negotiate an Administrative Order on Consent (AOC). |
